Section R18-2-408. Innovative Control Technology

A.      Notwithstanding the provisions of R18-2-406(A)(1) through (3), the owner or operator of a proposed new major source or major modification may request that the Director approve a system of innovative control technology rather than the best available control technology requirements otherwise applica- ble to the new source or modification.

B.       The Director shall approve the installation of a system of inno- vative control technology if the following conditions are met:

1.        The owner or operator of the proposed source or modifi- cation satisfactorily demonstrates that the proposed con- trol system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

2.        The owner or operator agrees to achieve a level of contin- uous emissions reduction equivalent to that which would have been required under R18-2-406(A)(2) by a date specified in the permit or permit revision under this Arti- cle for the source. Such date shall not be later than four years from the time of start-up or seven years from the issuance of a permit or permit revision under this Article;

3.        The source or modification would meet requirements equivalent to those in R18-2-406(A) based on the emis- sions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified in the permit or permit revision under this Article.

Department of Environmental Quality – Air Pollution Control

4.        Before the date specified in the permit or permit revision under this Article, the source or modification would not:

a.         Cause or contribute to any violation of an applicable state ambient air quality standard; or

b.        Impact any area where an applicable increment is known to be violated.

5.        All other applicable requirements including those for public participation have been met.

6.        The Director receives the consent of the governors of other affected states.

7.        The limits on pollutants contained in R18-2-218 for Class I areas will be met for all periods during the life of the source or modification.

C.      The Director shall withdraw any approval to employ a system of innovative control technology made under this Section if:

1.        The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

2.        The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

3.        The Director decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

D.      If the new source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accor- dance with subsection (C) above, the Director may allow the owner or operator of the source or modification up to an addi- tional three years to meet the requirement for the application of best available control technology through use of a demon- strated system of control.

Historical Note

Adopted effective May 14, 1979 (Supp. 79-1). Amended

effective October 2, 1979 (Supp. 79-5). Former Section R9-3-408 renumbered without change as Section R18-2- 408 (Supp. 87-3). Section R18-2-408 renumbered to R18- 2-608, new Section R18-2-408 adopted effective Novem- ber 15, 1993 (Supp. 93-4).